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GENERAL PROVISIONS
Sections:
1.04.010 Definitions.
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts include causing, permitting and
related acts.
1.04.050 Repeal not to revive any ordinances.
1.04.060 Permit or licenses.
1.04.010 Definitions.
The following words and phrases whenever used in this code or any other ordinances
of the City of Lakewood, Colorado, shall be construed as defined in this section
unless from the context a different meaning is intended or unless a different
meaning is specifically defined and more particularly directed to the use of
such words or phrases:
"City" means the City of Lakewood, Colorado, or the area within the
territorial limits of the City of Lakewood, Colorado, and such territory outside
of the city over which the city has jurisdiction or control by virtue of any
constitutional or statutory provision;
"City Clerk" means that duly appointed official or his deputy;
"Council" means the City Council of the City of Lakewood, Colorado.
"All its members" or "all Councilmen" means the total number
of Councilmen provided by the general laws of the State of Colorado;
"County" means the County of Jefferson;
"Department of Administration" or "Department of Administrative
Services." The Department of Administration as established by Ordinance
O-70-76 of 1970 has been abolished, and the functions of said department have
been assigned to other departments of the city, including the office of the
City Manager and the Department of Employee Relations and Department of Finance.
All references in this code to the Department of Administration or Department
of Administrative Services shall be taken to be and read as references to the
office of the City Manager or Department of Employee Relations or Department
of Finance, or such other office or department of the city as may have the responsibility
and authority for the performance of the function, service or duty referred
to in the context of such reference;
"Director of Administrative Services" and "Director of Administration."
The office of Director of Administrative Services or Director of Administration
established by Ordinance O-70-76 of 1970 has been abolished. All references
in this code to the Director of Administration or the Director of Administrative
Services shall be read and taken to be references to the City Manager or in
the case of functions, services or duties assigned to the Director of Employee
Relations or to the Director of Finance, then the same shall be taken to be
references to the Director of Employee Relations or Director of Finance, as
the case may be;
"Law" denotes applicable federal law, the constitution and statutes
of the State of Colorado, the ordinances of the City of Lakewood, Colorado,
and, when appropriate, any and all rules and regulations which may be promulgated
thereunder;
"May" is permissive;
"Must" and "shall": Each is mandatory;
"Oath" includes affirmation;
"Office." The use of the title of any officer, employee, or any office,
means such officer, employee, or office of Lakewood, unless otherwise specifically
designated;
"Ordinance" means a law of the city; provided that a temporary or
special law, administrative action, order or directive, may be in the form of
a resolution;
"Peace Officer." For the purpose of interpreting or construing any
ordinance, resolution, rule, regulation, or charter provision of the City of
Lakewood and every applicable statute and court rule of procedure, the term
"peace officer" means and includes every public official of the City
of Lakewood, whether appointed or elected, and every employee of the City of
Lakewood who, as a part of, in the course of, or in connection with his duties
as such public official or employee, has or shall have any responsibility for
or in connection with the execution, administration or enforcement of all or
any part of any city ordinance, resolution, rule, regulation or charter provision.
"Peace officer" includes but is not limited to police agents of the
City of Lakewood and public officials and employees who are not police agents.
Public officials and employees of the city who are peace officers within the
meaning of this code, shall have the power and authority to issue and serve
summonses and complaints in the Municipal Court, without oath, affidavit or
verification, but nothing contained in this subsection shall vest or be taken
to vest in persons who are not police agents other powers, duties, rights and
emoluments of sworn police agents of the City of Lakewood not otherwise vested
in such public officials or employees. Peace officers who are not sworn police
agents of the city shall not be entitled to any of the retirement, pension,
disability or other benefits to which sworn police agents are entitled, and
shall not have the power to arrest, but shall have those powers of inspection,
investigation, search and seizure conferred by the ordinance, resolution, rule,
regulation, or charter provision, or part thereof, which it is their duty to
execute, administer or enforce. Municipal Court marshals shall have the power
to arrest as set forth in Chapter 2.20 of the Municipal Code. Officers of the
Red Rocks Community College Campus Police Department shall have the nonexclusive
power and authority to enforce all provisions of the Lakewood Traffic Code and
Title 9 of the Lakewood Municipal Code pertaining to public peace and safety
within the boundaries of the Red Rocks Community College, which are located
within the City of Lakewood;
"Person" means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust, organization,
or the manager, lessee, agent, servant, officer or employee of any of them;
"State" means the State of Colorado;
"Street" includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs or other public ways in this city, and the rights-of-way
thereof, which are in fact open to public use or used by the public, whether
the same have been open to public use or used by the public, whether the same
have been properly dedicated and accepted or not, unless the context of a particular
bylaw, ordinance, resolution or regulation, otherwise indicates, together with
any other public property so designated in any law of this state;
"Written" includes printed, typewritten, mimeographed, multigraphed
or otherwise reproduced. (Ord. O-2004-14 §1, 2004; Ord. O-2003-26 §,
2003; Ord. O-2002-44 § 1, 2002; Ord. O-93-24 §§ 7-10, 1993; Ord.
O-91-59 § 3, (part), 1991; Ord. O-88-70 § 1, 1989; Ord. O-86-25 §
1, 1986; Ord. O-76-17 § 2, 1976; Ord. O-73-130 § 1, 1973; Ord. O-72-19
§ 1, 1972).
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in this code:
A. Gender. Any gender includes all other genders;
B. Singular and Plural. The singular number includes the plural and the plural
includes the singular;
C. Tenses. Words used in the present tense include the past and the future tenses
and vice versa;
D. Use of Words and Phrases. Words and phrases not specifically defined shall
be construed according to the context and approved usage of the language. (Ord.
O-72-19 § 2, 1972).
1.04.030 Prohibited acts include causing, permitting
and related acts.
Whenever in this code any act or omission is made unlawful, it includes causing,
allowing, permitting, aiding, abetting, suffering, or concealing the fact of
such act or omission. (Ord. O-72-19 § 3, 1972).
1.04.050 Repeal not to revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance
or revive any ordinance which has been repealed thereby. (Ord. O-72-19 §
5, 1972).
1.04.060 Permit or licenses.
Wherever a permit or license is required by the provisions of this or any other
ordinance of this city and there are no other specific provisions of any ordinance
relating to the application for and issuance of any such license (excepting
liquor licenses); application for any such license or permit shall be made to
the City Clerk by the person, partnership, corporation, association, group or
organization applying for the same, in which application shall be set forth
all pertinent data relating to the applicant, its principal officers, directors,
managers and stockholders (as may be determined by the City Clerk), a description
of the place or places where the licensed or permitted activity is to be carried
on; and such other relevant or pertinent data, either together with or as a
supplement to such application as may be required by the City Clerk. A nonreturnable
application fee of twenty-five dollars shall accompany any such application,
save and except that a civic and charitable organization or corporation is not
required to pay such application fee for licenses sought in connection with
civic, patriotic, public or charitable activities sought to be licensed or permitted.
The City Clerk shall refer such application to the appropriate department or
officer of the city for investigation, and shall issue or deny such license
or permit as recommended by such appropriate department, and/or the City Manager.
The investigating department, and/or the City Manager, shall make written recommendations
to the City Clerk with respect to the issuance or denial of such permit, in
which reasons for recommendation of issuance or denial shall be set forth.
The license or permit fee of five dollars shall be charged by and paid to the
City Clerk at the time of issuance of any such license or permit. (Ord. O-93-24
§ 11, 1993; Ord. O-91-59 § 3 (part), 1991; Ord. O-70-47 § 8.1,
1970).
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